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VOL. I. PREFACE.

perty was dissipated, and the wife escaped, with the residue, into France, and the creditor thus wholly lost his debt, which would have been recovered if the proper proceedings had been adopted in the first or even second instance. This is one of the very numerous cases, almost daily occurring, illustrative of the consequences of the want of, at least, a general knowledge of every branch of law.

CHAPTER I.

OF RIGHTS, INJURIES, AND REMEDIES IN GENERAL.

VOL. I.
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First, of per

Page 3, add the following note to the margin.-" Persons are in law natural or artificial, 1 Bla. Com. 122, 123; as to who are bound or not by a general statute, id. ibid. and 261. PRIVATE The king is not bound unless named, see id. 261; Rex v. Ellis, RIGHTS. 1 Price Rep. 23; Rex v. Caldwell, Forrest's Rep. 57. The recent Statute of Limitations as to real property, 3 & 4 W. 4, c. 27, s. 1, and numerous other acts, define to what persons the term persons in the statute shall extend.

p. 3, n. (b), after "2 Sim. & Stu. 431," add-"See post, 16. No action lies, even for false imprisonment or detention of goods or ship taken as prize or captured and not piratically. Faith v. Pearson, Holt's Ca. Ni. Pri. 113; 3 Bla. Com. 69, 70, n. (14). Duckworth v. Tucker, 2 Taunt. 7; Bolton v. Gladstone, 2 Taunt. 85; and see 1 Harrison's Index, 688." As to the civil remedy in the Court of Admiralty, for ship or goods taken piratically and not as prize, see part 4, vol. ii. p. 517."

sons.

to real pro perty.

p. 5, in n. (g), Canal Shares, add-" And see Ex parte Thirdly, Rights Vauxhall Bridge Company, 1 Glynn & J. Rep. 101; and Ex parte Lancaster Canal Company, 1 Deacon & Chitty's Rep. 324, 411."

p. 7, n. (1), add, as note-" Allen v. Imlett, Holt's Cases Ni. Fourthly, Pri. 641, S. P.; but see contrary decision in banc. by name Rights are temof Allen v. Impett, 8 Taunt. 263; 2 J. B. Moore, 240, S. C."

p. 8, 1. 8 from top, after the words "sufficient against wrongdoer," add-" So, in general, neither a legacy nor a residuary share can be sued for at law, unless upon an express promise made by the personal representative, or other person, founded upon a new consideration, such as forbearance of a suit in equity, or, where the claim has been converted into a loan to

poral, &c.

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the party sued; Jones v. Tanner, 7 Bar. & Cres. 542; Gregory v. Harman, 1 Moore & Pa. 209, post, 110, 112; although assent to a specific bequest of a chattel real or personal vests the legal interest in the legatee; Doe v. Gray, 3 East, 120; Doe v. Mabberly, 6 Car. & P. 126; and vol. i. 110, 112, 142, 548."

p. 13, 1. 12 from bottom, instead of "though probably deeds stipulating for separation would now be held void at law," read" and possibly deeds stipulating prospectively for separation, and so as in effect to encourage that event, would now be held void at law; though deeds of separation, according to Wilson v. Muskett, 3 Bar. & Adolp. 743, are still held valid in Courts of Law. See post, next chapter, p. 58."

p. 13, in n. (o), add-"This limitation, as regards deprivation of a clergyman for incontinence, does not apply, Free v. Burgoyne, 5 Bar. & Cres. 400; 1 Dow. Rep. new series, 115; Free v. Burgoyne, 8 Dow. & Ryl. 179."

p. 16, n. (e), after "2 Sim. & Stu. 431," insert-" Holt's C. N. P. 113, S. P."

p. 17, after reference to n. (m), add-❝ So a promissory note given by a defendant in prison, after conviction for a misdemeanor, and before sentence, in pursuance of the recommendation of the Court to compromise, is valid; although the Court be not apprised of the terms of the compromise, and although the costs of the prosecution are included in the note; Kirk v. Strickwood, 1 Nev. & Man. 275."

. p. 17, nine lines from bottom, after "allowed," insert-" so as in effect."

p. 17, n. (k), add-" and see Rex v. Moates, 3 Bar. & Adol. 237, an instance."

p. 19, n. (u), add-"See Lord Tenterden's observations as to the preference to be given to preventive remedies, in Wilcock v. Windsor and others, 3 Bar. & Adolp. 43.”

p. 20, n. (o), add-" Greenway v. Hurd, 4 T. R. 555; Weller v. Toke, 9 East, 364."

p. 21, after "Some modern acts, as those relating to Friendly Societies," add-" and Savings Banks, 9 G. 4, c. 92, is com

5 G. 4, c. 96.

pulsory, Crisp v. Bunbury, 8 Bing, 394. Servants in trades, Seamens' wages, 59 G. 3, c. 58, Ship Minerva, 1 Hagg. R. 54. Claims for salvage, 1 & 2 G. 4, c. 75, Ship Young Nicholas, 1 Hagg. Rep. 201, &c."

p. 21, at end of sentence " passed into law," add, as a note (p), "On Wednesday, 6th March, 1833, in the House of Commons, Mr. Handley inquired of the Solicitor-general, Campbell, whether it was his intention to bring forward Lord Tenterden's bill that session. The Solicitor-general said, he considered several clauses in that bill as extremely objectionable, such for instance as imposed a forcible arbitration, but that if the salutary clauses were selected and brought forward by any other member, he would support such remodelled bill. Mr. W. Brougham afterwards proposed a bill, but the consideration of the same stood over till sessions of 1835."

p. 21, after "passed into law," add-" The recent act for the improvement of the law, 3 & 4 W. 4, c. 42, however, contains some salutary provisions in aid and furtherance of the former general act, 9 & 10 W. 3, c. 15, rendering submissions, agreeing that they may be made a rule of Court, irrevocable; and giving powers to compel the attendance of witnesses, and enabling the arbitrator to administer an oath; 3 & 4 W. 4, c. 42, s. 39, 40, 41, and see post, 2 Vol. 73 to 126, as to arbitrations in general."

p. 22, at end of sentence near top of page, ending "judge and jury,” add—"The difficulty in introducing any compulsory enactment seems to be, the encountering the antipathy to any invasion of the right of trial by jury, which Englishmen from their infancy have been taught to regard as their birth-right. It is to be observed, however, that, by the ancient law, a plaintiff in all matters of account could in many cases compel in effect a reference; viz. by bringing an action of account, when the amount at least would be decided by two auditors, without the intervention of twelve jurors; post, vol. ii. 73, 74."

p. 23, after "no double proceeding," add-" at least at his instigation."

p. 24, after "appropriate remedy," add-" for it is a legal maxim that whenever a statute gives a right, it means a legal right, and not to put the party to the extraordinary remedy of a Court of Equity. Mitchell v. Knott, 1 Simon's Rep. 499."

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OF RIGHTS AND INJURIES, AND REMEDIES IN GENERAL.

p. 24, n. (f), add-" continued by 1 W. 4, c. 38,-3 & 4 W. 4, c. 44."

p. 26, at end of n. (r), add—“ See enactments as to officers of customs and excise."

p. 27, n. (ƒ), after "more than £20,” add—" so as to cover all costs, and also the single value."

p. 29, n. (o), add-" And see 3 & 4 W. 4, c. 44."

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